DPP approves charges against prosecutor over Sh30,000 bribery claims

Director of Public Prosecutions Renson Ingonga on Wednesday approved three bribery counts against a senior state prosecutor who allegedly demanded money to drop a criminal case against a suspect.

Samuel Mugo Kiarie, a prosecution counsel stationed at Makadara Law Courts in Nairobi allegedly solicited a Sh30,000 bribe from a suspect Elly Vujeri Mukosero in exchange for withdrawing a criminal case filed against him.

In a statement issued on Wednesday, the DPP confirmed that he had independently reviewed an inquiry file forwarded by the Ethics and Anti-Corruption Commission (EACC) and found the evidence against Kiarie both sufficient and credible to sustain a criminal trial.

“Upon an independent evaluation of the evidence presented, the DPP has established that there is sufficient and credible evidence to sustain criminal charges against Mr. Kiarie,” the Office of DPP statement reads in part.

Ingonga has consequently directed that Kiarie be arraigned before a court of competent jurisdiction to answer to three counts of receiving a bribe, contrary to Section 6(1) as read with Section 18 of the Bribery Act.

The events that led to Kiarie’s impending prosecution began on July 12, 2023, when a suspect identified as Elly Vujeri Mukosero was charged in Criminal Case No. 3555/22 at Makadara Law Courts.

The case was mentioned six times in court, but no prosecution witnesses showed up on any occasion to give testimony, leaving the matter in limbo.

In August 2023, Mukosero approached Kiarie, the very prosecutor handling his case, and asked that the matter be dropped since there were no witnesses to testify against him.

Rather than act within the bounds of his office, Kiarie allegedly demanded Sh30,000 in cash to drop charges.

Instead of paying up and aggrieved by the prosecutor’s demand for a bribe to have his case withdrawn, Mukosero reported the matter to the Ethics and Anti-Corruption Commission (EACC) on October 13, 2023, over the alleged extortion, triggering a carefully orchestrated sting operation.  

Anti-corruption investigators swiftly swung into action. They fitted Mukosero with a covert recording device and provided him with treated money, specially marked currency designed to serve as irrefutable evidence of any financial transaction.

Acting on the EACC’s instructions, Mukosero arranged a meeting with Kiarie and recorded their conversation.

When Kiarie made his demand, Mukosero handed over the treated money.

EACC officers who were monitoring the operation,moved in immediately and arrested the prosecutor.

The commission subsequently recommended that Kiarie face charges under the Bribery Act, 2006, a recommendation DPP Ingonga has now formally endorsed.

In approving the charges, DPP delivered an unsparing message to officers within the justice system, who may be tempted to abuse their positions for personal gain.

The statement made clear that seniority or institutional affiliation would offer no protection against prosecution.

 The decision to prosecute one of the ODPP’s own officers is widely seen as a direct test of the institution’s commitment to self-accountability.

“No individual, regardless of office, rank or position, is above the law and the Office of the Director of Public Prosecutions will not hesitate to take decisive action against any officer who undermines the integrity of the Criminal Justice System,” ODPP said in the statement.

The ODPP further reaffirmed its commitment to executing its constitutional mandate in accordance with the rule of law, public interest and administration of justice.

Kiarie is expected to be arraigned before a court in the coming days to answer to the three counts of bribery.

If convicted, he faces stiff penalties under the Bribery Act,including imprisonment and disqualification from public office.